168-05 Minor Mod. 06/2006

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Permit Class Permit Number
MINOR MODIFICATION 168-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
PY
for
X Major Development in an Area of En�ti?on n 046oncern
pursuant to NCGS 113A-118
MOrel'yeuu pit�+ �CM
Excavation and/or filling pursuant to NCGS 113 22
Issued to Spooner's Creek Development Co.,LLC,et.-al.,100 Larids End Road,Morehead City,NC 28557
Authoriziiag development in Carteret County.atl00 Lands'End Rd., adj. to Spooner's Creek
and Bogue Sound in Morehead City, as requested in the permittee's letter dated 6/12/06. including the
attached workplan drawings (12) all dated received 6/13/06
This permit, issued on Tug,2006 , is subject to compliance with the application(where consistent
with the permit),all applicable regulations, special conditions and notes set forth below.Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the construction of a 1,210'
concrete bulkhead, all as indicated on the attached workplan drawings.
Bulkhead
2) The new bulkhead shall not extend waterward more than 2 feet from the existing bulkhead.
3) A silt fence shall be properly installed immediately landward of all bulkhead caps immediately
following completion of backfilling activities.
4) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department _
personnel when the project is inspected for compliance.
CharlW5. Jones,Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. "_Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

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Spooner's Creek Development Co., LLC Permit#168-05
Page 2 of 2
ADDITIONAL CONDITIONS
5) he fill material shall be clean and free of any pollutants except in trace quantities.
. 'a
6) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
7) The bulkhead shall be solid and constructed`of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead•wall, riprap, deadmen cables;etc. This permit does
not authorize any new excavation waterward of the approved alignment.
8) The bulkhead shall be structurally tight;so as to prevent seepage of backfill materials through the
structure.
9) The bulkhead shall be constructed prior to any backfilling activities.
10) No vegetated wetlands shall be.excavated or filled, even temporarily.
11) This minor modification shall be attached to the original.of Permit No. 168-05,.which was issued on
11/15/05, and copies of both documents shall be readily available on site when Division personnel
inspect the project for compliance.

- - -wA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
June 29, 2006
Spooner's Creek Development Co., LLC, et. al`
100 Lands End Road
° Morehead City, NC 28557 °
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below. Please retain the original
(buff-colored form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 73j-2698 within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements..
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
Al& v,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Permit# )49� 0�
DCM Coordinator:
MAIMING DISTRIBUTION:
Permitee: P
C-
ooV\-e L
Agent:
DCM Field Offices:
Elizabeth.City
�arehead Cif
Washington'
Wilmington
US Army Corps of Engineers(USACE):
Washington:. Mike Bell(NCDOT)
Bill Biddlecome�(NCDO
Raleigh Bland
Wilmington: Dave Timpy
Others:
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Fred Hill(WARD)
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: . Patty Fowler .
State Property Office: Tommy Cline
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Wildlife Resources: Maria Tripp
Steve Everhart
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252-264-3723)
Morehead City(252-247-3330)
Washington(252-948-0478)
Wilmington(910-350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252-975-1399)
Wilmington: Dave Timpy(910-2514025)
CAMA Major Permit Process Manual Page 70 of 76

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM 1
To: Doug gg Hu ett 6116/06 6/16/06
Through: Tere.Barrett, District Manager 4✓
From: Ryan Davenport
Re: Modification Request, Spooners Creek Development LLC #168-05
Please find enclosed.a request from Stroud Engineering, acting on behalf of the Spooners Creek
Development in their request to modify State Permit#168-05. This permit was originally issued
for the Spooners Creek condominium and residential complex, as well as the construction of
swimming pools, pool house, parking areas, driveways, utilities, underground storage tanks,
retaining wall and ships store. The request is to construct a 1,210' concrete bulkhead. The new
wall will be placed 2' waterward of the existing wall within the Spooners Creek shoreline of the
project. No.wetlands will be affected by this modification.
This project is in accordance with 15A NCAC 07H .0208 which regulates this type of activity.
All work must be performed and accomplished in accordance with the work plats dated received
6/13/06, and with the request submittal dated 6/12/06. All original conditions included in State
Permit# 168-05 apply. Therefore, I recommend the project be authorized under a Minor
Modification.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

June 12, 2006
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557 JUN 1 3 2006
RE: Spooners Creek Yacht Club Morehead City DCM
Major CAMA#168-05
Minor Modification Request
Dear Mr.Davenport,
Attached you will find drawings of the above referenced project, the CAMA
application, and a$100.00 Minor Modification fee for the proposed addition of
approximately 1,210 linear feet of concrete retaining wall along the Spooners Creek side
of the Spooners Creek Yacht Club project. If you have any questions or concerns, please
do not hesitate to contact me.
Sincerely,
�✓��GIY�' l�C�/ A /
Brad McMannen